This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Constitutional Law,
Corporate,
Criminal,
Letters

Jul. 17, 2019

How to hold corporate scofflaws accountable

There is a another remedy often employed in civil/quasi-criminal settlements between the government and corporate defendants.

Gary Schons

Of Counsel, Best Best & Krieger LLP

Public Law

655 W Broadway Ste 1500
San Diego , CA 92101

Phone: (619) 525-1348

Fax: (619) 233-6118

Email: gary.schons@bbklaw.com

U San Diego School of Law

George B. Newhouse Jr. writes to suggest that putting a convicted corporation on probation is needlessly costly, ultimately ineffective and subject to being declined where custody is not an alternative. ["Corporate probation resulting from a criminal conviction: an enigma," July 15, 2019]. There is a another remedy often employed in civil/quasi-criminal settlements between the government and corporate scofflaws -- imposing a court appointed monitor paid for by the corporation to oversee and ensure corporate compliance with regulations and laws which were violated. The monitor, embedded in the corporation, serves as an enforcer, listening post and independent reporting source to the court to guarantee the corporation's good behavior following conviction.

#353532


Submit your own column for publication to Diana Bosetti


For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390

Send a letter to the editor:

Email: letters@dailyjournal.com